Physical Evidence List and Explain Five (5) Essay

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Physical Evidence

List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").

Authentication of physical evidence can be accomplished by:

Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.

A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.

Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.

Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with associated circumstances, is authentication of evidence.

5. Positive voice identification through a mechanical or electronic transmission such a recording device. A voice recording is sufficiently identified based upon hearing the voice under circumstances associating it with the presented evidence.

B. List and explain six (6) ways that photographic, recorded, and computer generated evidence can be used in a trial.

1. Telephone conversations. Evidence that a call was made to a particular number assigned at the time by the telephone company, and the details of that call such as time length of call and content are available for verification.

2. Public records or reports. Evidence of recorded writing or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, from a public office where this type of items are stored.

3. Ancient documents or data compilation. The evidence that a document or information in any form has existed for more than 20 years or is in such condition that will not raise any suspicion concerning its authenticity at the time of submission.

4. Processor system. This evidence explaining a procedure or system applied in achieving results must be shown before its approval.

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5. Methods provided by statute or rule. This includes any system of authentication outlined by an Act of Congress or as stipulated by the Supreme Court pursuant to statutory authority.

6. Photo identification. The most important aspect about photographs or videotapes is their ability to provide testimony clearly verifying the authenticity of the situation shown by them.

2. Miranda

State the requirements for Miranda, then define custody and interrogation as each relates to Miranda.

Miranda is the application of testimonial evidence in criminal proceeding and is a product of custodial police interrogation. Therefore, for Miranda to apply, six factors must be present:

First, testimonial evidence must have been gathered during the period in custody or interrogation for Miranda rule to apply. Second, the evidence gathered during the time in custody or interrogation must be testimonial. Third, the evidence collected must have been the product of interrogation. Forth, the evidence gathered during custody must be submitted by the state during a criminal prosecution.

List and explain the three (3) exceptions to the Miranda requirements.

1. The exception of the routine booking questions. These are procedural questions asked during arrest and custodial commitments. They are not considered under Miranda because they are unlikely to produce incriminating information.

2. The exception of a jail house informant testimony. In case the suspect fails to recognize a state informant pretending to be a fellow inmate, a cellmate working as an agent for the state, the incriminating testimony is inadmissible.

3. The exception on public safety. This is a condition when information presenting clear and present is offered and the officers have reason to believe that the suspect has information that can end the emergency.

3. Exclusionary Rule

Creation and Purposes of Exclusionary Rule

The exclusionary rule is a legal principle under the constitutional law which states that any evidence obtained under circumstance that violates the defendant's rights is inadmissible in criminal proceedings in a court of law. This is rule was formulated by the judiciary to protect citizen's constitutional rights. If the prosecutor applies illegal means to gain incriminating evidence, the evidence can.....

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